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SANDERS v. PARK TOWNE, LTD.

No. 49,132

2 Kan. App. 2d 313 (1978)

578 P.2d 1131

WARREN G. SANDERS, EVELYN SANDERS, and FRED A. ENGLAND, Appellees, v. PARK TOWNE, LTD., a Nebraska Corporation, et al., Appellants.

Court of Appeals of Kansas.

Petition for review denied July 14, 1978.

Attorney(s) appearing for the Case

David A. Welte, of Shapiro, Polsinelli, Schulte, Wehrman and Welte, of Kansas City, Missouri, and Lee H. McMaster, of McMaster and Smith, of Wichita, for the appellant, Joe Pace.

Gerald D. Lasswell and Dale B. Stinson, Jr., of Stinson, Wisdom and Lasswell, of Wichita, and Ronald K. Badger, of Wichita, for the appellants, Carlsberg Mobile Home Properties, Ltd. — 72, Richard A. Phillips, Lawyers Title Insurance Corporation, and Guarantee Title Company, Inc.

Robert Martin and Lee Thompson, of Martin, Pringle, Schell and Fair, of Wichita, for the appellees.

Before FOTH, C.J., ABBOTT and MEYER, JJ.

FOTH, C.J.:

In 1972 plaintiffs Sanders and England sold their mobile home park in Wichita, taking back a second mortgage of almost $200,000.00 as part of the $1,000,000.00 purchase price. The other $800,000.00 was paid by $200,000.00 in cash and assumption of a $600,000.00 first mortgage. As a result of participating in the purchaser's refinancing of the project in 1973, during which they released their original second mortgage in exchange for a replacement, plaintiffs...

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